Author Archives: Hall

MI: Leatherman tool on belt could be considered weapon for frisk

Defendant was well-known to be a meth abuser, and when he was stopped for a traffic offense and had a Leatherman tool on him, that could be considered usable as a weapon. People v. Babcock, 2024 Mich. App. LEXIS 9506 … Continue reading

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Leftovers

2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading

Posted in § 1983 / Bivens, Cell phones, Informant hearsay, Reasonable suspicion, Reasonableness, Stop and frisk, Strip search | Comments Off on Leftovers

CA11: No prejudice for failing to file motion to suppress drug def was acquitted of

2254 petitioner can’t show prejudice from defense counsel’s failure to file a motion to suppress cocaine when he was acquitted of that charge. Zayas-Acosta v. Sec’y, Dep’t of Corr., 2024 U.S. App. LEXIS 30236 (11th Cir. Nov. 27, 2024). Challenge … Continue reading

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FL6: Def confesses error that his motion to suppress abandoned property shouldn’t have been granted

Defendant moved to suppress something he threw away in flight from the police, and the trial court granted it. On appeal, he confesses error that it was abandoned. Reversed. State v. Howard, 2024 Fla. App. LEXIS 9246 (Fla. 6th DCA … Continue reading

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WaPo: TSA PreCheck vs. Clear: What’s better for price and privacy?

WaPo: TSA PreCheck vs. Clear: What’s better for price and privacy? by Tatum Hunter (“Clear saves you time at the airport. Just make sure to read the fine print.” “Airport security is, by nature, at odds with individual privacy. The … Continue reading

Posted in Airport searches, Third Party Doctrine | Comments Off on WaPo: TSA PreCheck vs. Clear: What’s better for price and privacy?

Debra Cassens Weiss, Are police responsible for damaging home to oust suspect? Sotomayor and Gorsuch see important issue

Debra Cassens Weiss, Are police responsible for damaging home to oust suspect? Sotomayor and Gorsuch see important issue (ABAJ Nov. 26, 2024) (“The U.S. Supreme Court on Monday refused to decide whether police must compensate a Texas homeowner for damages … Continue reading

Posted in Warrant execution | Comments Off on Debra Cassens Weiss, Are police responsible for damaging home to oust suspect? Sotomayor and Gorsuch see important issue

D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

In a § 242 prosecution for violating civil rights, the defense proposed expert is barred from opinion on whether probable cause existed for the arrest. “Whether a given set of facts constitutes probable cause to arrest or charge for a … Continue reading

Posted in Admissibility of evidence, Issue preclusion, Pretext, Probable cause | Comments Off on D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

CA10: Gant permits search for DL in car when def fails to identify himself

Gant search incident permits a search for a driver’s real driver’s license in a car when he fails to properly identify himself. United States v. Pinder, 2024 U.S. App. LEXIS 29995 (10th Cir. Nov. 26, 2024). Complaining generally about a … Continue reading

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D.Or.: Taking iPhone 6 apart and putting new firmware to make it work wasn’t a “search” for information

Taking an iPhone 6 apart, putting it back together, and installing new firmware to make it work was not a “search” because that process was not to obtain information. [Well, that was the ultimate goal, wasn’t it?] United States v. … Continue reading

Posted in Cell phones | Comments Off on D.Or.: Taking iPhone 6 apart and putting new firmware to make it work wasn’t a “search” for information

CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that’s not standby counsel’s role. United States … Continue reading

Posted in Cell phones, Probation / Parole search, Qualified immunity, Suppression hearings | Comments Off on CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

WY: Courthouse entry search valid under “special needs”

Defendant entered a courthouse, and the metal detector went off on a small can on him which he opened on request revealing meth. These searches are valid as “special needs.” Russell v. State, 2024 WY 126, 2024 Wyo. LEXIS 128 … Continue reading

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OH12: Stop for riding bicycle in center of road led to RS for frisk

Defendant’s stop was for riding a bicycle in the center of the road, but when finally stopped, he had a large sheathed knife on him, and that justified a frisk. State v. Hayes, 2024-Ohio-5545 (12th Dist. Nov. 25, 2024).* “Defendant … Continue reading

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TX1: GPS installed by dealer in a used car was owned by dealer and was not comparable to CSLI

Defendant bought a used car that the dealer had GPS installed in if necessary to recover it. The police accessed that information without a warrant to connect him to a murder. The contract for the vehicle told defendant about the … Continue reading

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D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

Defendant was an alleged felon in possession and was charged with a new federal crime and a violation of his supervised release. He was sentenced to 22 months on the violation. The gun was suppressed in the new gun case … Continue reading

Posted in Consent, Exclusionary rule, Issue preclusion, Probation / Parole search, Voluntariness | Comments Off on D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

OH12: No reason why a federal search warrant can’t result in a state prosecution

A federal search warrant produced the drugs in question, and they were not inadmissible for that reason in a state prosecution. State v. Hana, 2024-Ohio-5548, 2024 Ohio App. LEXIS 4234 (12th Dist. Nov. 25, 2024). The trial court found that … Continue reading

Posted in Automobile exception, Private search, Warrant requirement | Comments Off on OH12: No reason why a federal search warrant can’t result in a state prosecution

CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

Defense counsel wasn’t ineffective for not forecasting Carpenter years before it was decided. Cooper v. United States, 2024 U.S. App. LEXIS 29853 (6th Cir. Nov. 22, 2024).* Defendant was on parole for a child exploitation offense, and he was polygraphed … Continue reading

Posted in Cell site location information, Ineffective assistance, Probation / Parole search, Reasonable suspicion, Warrant papers | Comments Off on CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

CA2: No less intrusive measures requirement before seeking CSLI

“The CSLI and cell-site simulator warrants provided evidence of the general and specific location of one of Brown’s cell phones and, therefore, of Brown’s likely movements between his indictment and arrest. Brown contends that investigators procured these warrants by falsely … Continue reading

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Salon: “It is a weapon”: Ronan Farrow discusses the spyware in our pockets in “Surveilled”

Salon: “It is a weapon”: Ronan Farrow discusses the spyware in our pockets in “Surveilled” by Gary M. Kramer (“You never know [spyware] was there. It copies everything on your phone and it leaves” … “The cogent documentary, ‘Surveilled,’ now … Continue reading

Posted in Surveillance technology | Comments Off on Salon: “It is a weapon”: Ronan Farrow discusses the spyware in our pockets in “Surveilled”

techdirt: Two Missouri Cops Are Facing Criminal Charges For Helping Themselves To Nude Photos Found On Drivers’ Phones

techdirt: Two Missouri Cops Are Facing Criminal Charges For Helping Themselves To Nude Photos Found On Drivers’ Phones by Tim Cushing, updating this post from 11/15

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For originalists, is using the military to conduct arrests and detentions in the U.S. a “reasonable search and seizure”?

Reuters: Republican Rand Paul opposes Trump talk of using military in deportations by Bo Erickson (“A 19th century U.S. law prohibits federal troops from being used in domestic law enforcement except when authorized by Congress. [¶] Paul, at times a … Continue reading

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